People v. Moore

Defendant pled guilty to first-degree criminal sexual conduct, MCL 750.520b; MSA 28.788(2), and assault with intent to commit murder, MCL 750.83; MSA 28.278. Sentenced to serve two concurrent terms of from 20 to 30 years in prison, consecutive to another sentence which he is presently serving, defendant appeals as of right.

Defendant argues first that the examining magistrate abused his discretion in binding defendant over on the charge of assault with intent to commit murder because of a lack of evidence that defendant had an intent to kill. We have reviewed the preliminary examination…